Patent claim language games: Why interaction with others and with the external world is integral to inventions.
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TextDescription: 138 pISBN: 0612630862Subject(s): Law | Language, Modern | Philosophy | 0398 | 0291 | 0422Dissertation note: Thesis (LL.M.)--University of Toronto (Canada), 2001. Summary: This thesis draws on literature in the philosophy of language and science and considers several United States Supreme Court cases to examine how claims are construed to protect inventions.Summary: The thesis describes philosophical arguments why knowing the meaning of words requires interaction with others and with the external world. These arguments are applied to patent claims to argue that construing the words of patent claims will require interaction with others having relevant skill and with the external world. A parallel argument is made that the determining variants of an invention will also involve interaction with others having relevant skill and with the external world. Seemingly inconsistent rules of claim construction, such as the doctrine of equivalents, are reconciled with the requirement that inventions be defined by the claims once an externalist view of language and the invention is adopted.
Source: Masters Abstracts International, Volume: 40-03, page: 0597.
Adviser: Arthur Ripstein.
Thesis (LL.M.)--University of Toronto (Canada), 2001.
This thesis draws on literature in the philosophy of language and science and considers several United States Supreme Court cases to examine how claims are construed to protect inventions.
The thesis describes philosophical arguments why knowing the meaning of words requires interaction with others and with the external world. These arguments are applied to patent claims to argue that construing the words of patent claims will require interaction with others having relevant skill and with the external world. A parallel argument is made that the determining variants of an invention will also involve interaction with others having relevant skill and with the external world. Seemingly inconsistent rules of claim construction, such as the doctrine of equivalents, are reconciled with the requirement that inventions be defined by the claims once an externalist view of language and the invention is adopted.
School code: 0779.
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